June 30, 1882:
“In the formation of your present system of government three co-ordinate branches were established—the Executive, Legislative, and Judicial—and they were designed to be checks, one upon the other. If in the zeal and frenzy of partisan strife, or under the baleful influence of venality and corruption, the legislative department should exceed its constitutional authority or enact legislation inimical to the public interests, the executive was invested with the veto privilege whereby the evil might be arrested. If, however, the President should be found to be in accord and sympathy with the legislative branch in its hurtful legislation, and gave thereto the sanction of his approving signature; or, in case the President exercised his veto power in the particular matter, and Congress should pass the measure over his objections by the requisite two-thirds of each branch, then and in either of these events there still remained the supreme court with its supervisory power or power of final determination.
“But it may be very properly asked, what if the supreme court should be influenced by the same or similar considerations as the other co-ordinate branches, what help, relief, or remedy, is left to the people and the nation? It can only be answered—force, revolution, rebellion. Does not this plain statement present a dangerous contingency and indicate a palpable weakness?
“It should be remembered that in our form of republican government all powers are derived from the people, and it should be furthermore very emphatically understood that all powers belong to them. If this view is correct, then in the hypothetical case mentioned for the purpose of illustration, the people themselves should be the last court of resort, or the high court of appeals.
“It was thought by the founders of your government that the judiciary would always be pure and safe, but unfortunately experience has taught us quite differently. It is humiliating to an American citizen, whether he be in or out of the body, to be compelled to make this confession. But truth not only justifies but demands it, and it is best that it be frankly made and acknowledged.”
“We are not permitted, for prudential reasons, to tell you how the new system is to be fashioned. To do so would not facilitate its accomplishment, but might possibly operate detrimentally by inducing premature consideration and discussion. Suffice it to say that the subject has been deliberately considered and the plan carefully matured by wise statesmanship in the realm of causation, and will be given to your world at the proper time and in the proper way.
“I desire to briefly discuss two propositions:
“1st. What are the duties of the citizen to the government, or what the government has the right to exact of and from the citizen?
“2d. What are the duties of the government to the people, or what the people have the right to exact of and from their government?